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Overstayed F1 visa by 3 months previously. Can I be denied a K1 visa?

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  • Overstayed F1 visa by 3 months previously. Can I be denied a K1 visa?

    Four years ago, I was in the US on an F1 visa. I overstayed by three months. I am now wanting to apply for a K1 visa, however, I am worried that I will be denied due to having overstayed my visa. Is this a possibility?

    I was also wondering what you think of entering the US as a visitor, and marrying after three months and then applying for the green card. I had a consultation with a lawyer and she suggested this as an option. Is it risky? I wouldn't want to take any chances if I could be denied.

    Thank you for your help!

  • #2
    Originally posted by pussrat View Post
    Four years ago, I was in the US on an F1 visa. I overstayed by three months. I am now wanting to apply for a K1 visa, however, I am worried that I will be denied due to having overstayed my visa. Is this a possibility?
    I don't think they would deny K1 for that.

    Originally posted by pussrat View Post
    I was also wondering what you think of entering the US as a visitor, and marrying after three months and then applying for the green card. I had a consultation with a lawyer and she suggested this as an option. Is it risky? I wouldn't want to take any chances if I could be denied.
    You should not enter on a visitor visa with intent to file AOS during that stay.

    This is my personal opinion and is not to be construed as legal advice.

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